Appointment Process, the Case Record, and NOA
How OAH ADA Coordinator recommends you to a party You or the party can accept/reject appointment What information and records you will receive Expectations for filing a notice Withdrawing your appearance
Identify someone in the network Factors in WAC 10-24-010(11) Other considerations Party’s request Previously represented or is currently representing the party Stated a preference for: ▪ Disputes of this case type or substance ▪ Working with people with certain types of disabilities ▪ The geographic area, including availability to travel Available to meet the case timelines
Information about The case type Events that have happened so far Estimates of the expected timeline and number of hours The needs of the party with the disability Approved accommodations
If you accept ADA Coordinator gives party a brief description of your qualification If party accepts Authorize OAH to share information Appointment letter sent Example Letter ADA Coordinator will arrange to introduce you
Duration 1 hour Place/Method Telephone Email, Skype/FaceTime, in-person Discuss the case What result is your client hoping for? How they communicate may tell you a lot about them and their needs Do they believe a settlement is possible?
Explain your role How you will advocate and assist Your role is limited Explain the hearing process Expectations based on TV Walk through what to expect Communication Agree on when and how to communicate Reminders? Time of day How soon a call/email should be returned
Next steps What you need from them Authorization form Do they need help gathering documents? Prehearing or hearing scheduled? What they need to do before those dates
Immediately file a Notice of Appearance (NOA) Send to OAH Send to all parties and their representatives Informs you are the representative All future case documents need to be sent to you Exception is child support cases DCS sends your NOA to the other parent Forms on www.oah.wa.gov Do not disclose accommodation
Paper records Electronic records Audio of prehearing conference
Consent form may be required DSHS and HCA may require for access to records or information Check with referring agency’s representative Example forms Authorized Representative (used by both DSHS and HCA) DSHS Form 14-532 https://www.dshs.wa.gov/sites/default/files/FSA/forms/pdf/14- 532.pdf Authorization DSHS 17-063 (to disclose DSHS records to you for multiple program types) https://www.dshs.wa.gov/sites/default/files/FSA/forms/pdf/17- 063.pdf Authorization for Release of Information for HCA form 80-020 https://www.hca.wa.gov/assets/free-or-low-cost/80-020.docx
Review judge’s order with your client Do they want to appeal? No – your appointment ends Yes – help them write and file a petition for review Your appointment ends when the appeal deadline passes Client must ask for an accommodation at the next level
Look at the deadline Postmarked date Date received by the judge Initial and final orders have different review processes Form is not required for initial order If not petitioned, initial orders become final when the deadline for review passes Example form
Form not required for final order Reconsideration is different from filing a petition for judicial review with the courts Carefully read instructions Example form
Form is required for petition for judicial review Filed with the court OAH does not provide court forms See Self-Help Resources on courts.wa.gov Courthouse facilitators can help Court forms page Washington Law Help
Appointment ends After filing a petition Deadline for appeal passes
No longer able/willing to complete the appointment Contact OAH ADA Coordinator File a Notice of Withdrawal www.oah.wa.gov
Send feedback about this training Email OAH_ADACoordinator@oah.wa.gov See you in the next video!
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